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Patna High CourtCR. MISC./705/2015allowed

Vijay Kumar Yadav @ Vijay Yadav And ORS v. State Of Bihar And ANR

2015-01-29Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.705 of 2015 ======================================================

1. Vijay Kumar Yadav @ Vijay Yadav

2. Dinesh Kumar Yadav

3. Lal Babu Yadav

4. Nasib Kumar Yadav All are sons of Satya Narayan Yadav.

5. Anil Kumar Yadav

6. Sunil Kumar Yadav Both are sons of Ram Sudhari Yadav All are resident of village- Ban Maura, Police- Station- Bithan, DistrictSamastipur. .... .... Petitioners

Versus

1. The State of Bihar

2. Ashok Chaudhary son of late Jivnath Choudhary, resident of villageHarauli, Police- Station- Kusheshwar Asthan, District- Darbhanga. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : Mr. Md.Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 29-01-2015 This application has been filed for restoration of Cr. Misc. No. 25474 of 2014 which was dismissed for default due to non-compliance of the order dated 15.9.2014.

It is submitted that in pursuance to the aforesaid order, requisites for issuance of notice on opposite party no. 2 were filed on 16.9.2014 but due to mistake the correct number of criminal miscellaneous was not mentioned.

It is submitted that there is no deliberate laches on the part of the petitioners. It is also submitted another requisites for issuance of notice on opposite party no. 2 have also been filed on

Patna High Court Cr.Misc. No.705 of 2015 (2) dt.29-01-2015 2/2 5.11.2014.

Considering the facts and circumstances, Cr. Misc. No. 25474 of 2014 is restored to its original file. Let the requisites be accepted.

(Amaresh Kumar Lal, J) Kanchan/- U T